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Mauritius opposes tax treaty revision
August, 30th 2006
Foreign institutional investors (FIIs) using the Mauritius registration route to invest in Indian stock markets can breathe easy. The tax haven has insisted that its controversial double taxation avoidance agreement with India should not be re-written, unless all similar tax treaties signed by India with other countries, exempting capital gains tax waiver, were also amended. Mauritius deputy prime minister and finance minister Rama Sithanen told reporters on Tuesday, We should not be singled out. Instead, we want a balanced approach. Acknowledging that a lot of business comes to the nation because of the treaty, he said they were open to any review of the Double Tax Avoidance Agreement (DTAA) provided there was a level playing field compared to other countries. Keeping in view of historical, cultural, political and diplomatic ties between the two countries, we need a global solution that will not penalise Mauritius, the deputy prime minister said. The ministers comments are significant as finance minister P Chidambaram has said recently that India was reviewing the Indo-Mauritius double taxation avoidance treaty to stop misuse of its provisions. He was reacting to a demand made by the left parties supporting the UPA government for a thorough review of the treaty. Mr Chidambaram had said some FIIs using the Mauritius route may have taken tax advantage. We believe there has been some kind of treaty-shopping and perhaps unfair advantage of DTAA, by some of these companies. Under this treaty, entities investing in Indian stock markets get an exemption from capital gains tax. Rama Sithanen claimed that to prevent misuse, companies have to now get an annual residency proof from the Mauritius government, instead of a one-time certificate.
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